THE HONOURABLE SMT. JUSTICE P.SREE SUDHA
APPEAL SUIT No. 2059 of 2002
JUDGMENT:
This appeal is filed by the appellants/claimants under Section 54 of the Land Acquisition Act read with Section 96 of C.P.C. against the judgment and decree, dated 16.05.2002, passed by the learned Senior Civil Judge, Mahabubnagar, in O.P.No.25 of 1991.
Learned Counsel for the appellants contended that the trial Court failed to consider Ex.A1-registered sale deed executed prior to Section 4 (1) notification, wherein the value of the land was Rs.50/- per square yard; that the trial Court ought to have considered Ex.A2, which is the post notification sale, for the purpose of ascertainment of market value as on the date of notification; that the trial Court erred in fixing compensation at Rs.20/- per square yard and deducting 1/3rd towards developmental charges and granted Rs.13.34 per square yard, which is far less than the 2 market value prevailing in the locality as on the date of 4 (1) notification; that the lands under acquisition were acquired for the purpose of providing house sites to the Non Gazetted Officers and as the lands are fit for construction of houses, it can be safely inferred that the claimants are entitled for Rs.50/- per square yard, however, the trial Court erroneously passed the judgment and, therefore, requested the Court to set aside the judgment and decree of the trial Court and to refix the compensation for the acquired lands of the appellants at Rs.50/- per square yard.
When the matter was taken up for hearing on 30.11.2022, the learned Counsel appearing on either side present and submitted that there are batch of appeals relating to the lands situated at Yenugonda village, Mahabubnagar District, and out of which two appeals were already disposed of by a Division Bench of this Court and that the issue involved in this appeal is squarely covered by 3 the said decision of the Division Bench and as such they requested time to file a copy of the said judgment. Today, when the matter is taken up for hearing, the learned Counsel appearing on either side submitted a copy of the judgment dated 07.07.2022 passed in L.A.A.S.No.487 of 2008.
Perused the copy of the aforesaid judgment of a Division Bench of this Court in L.A.A.S.No.487 of 2008, decided on 07.07.2022, whereunder the appeal filed by the claimants was allowed holding that the claimants are entitled to compensation at the market value of Rs.50/- per square yard along with other statutory benefits under the amended statute and of the Land Acquisition Act.
In view of the aforesaid decision of a Division Bench of Court, this Court is of the view that it is just and reasonable to refix the compensation for the acquired lands of the appellants at the market rate of Rs.50/- per square 4 yard along with other statutory benefits under the amended statute and other Land Acquisition Act.
Accordingly, the appeal is allowed. No order as to costs.
Miscellaneous petitions, if any, pending, shall stand closed.
_______________________ JUSTICE P.SREE SUDHA 13.12.2022 Gsn